In Florida, the amount someone can sue in a car accident largely depends on the case’s specifics, such as the severity of injuries, property damage, and liability coverage available. Florida uses a combination of no-fault insurance and personal injury lawsuits, which influence how compensation is sought.
At Panter, Panter & Sampedro, we have decades of experience in personal injury cases involving car accidents. Let’s break down the key factors determining how much you can sue for in a Florida car accident case.
Personal Injury Protection (PIP) Limits in Florida
Florida is a no-fault state, meaning drivers are required to carry Personal Injury Protection (PIP) insurance. This policy covers up to $10,000 of your medical expenses, lost wages, and other economic damages, regardless of who caused the accident.
However, PIP only covers a certain amount, and it doesn’t include compensation for pain and suffering.
- Medical expenses: PIP covers 80% of medical bills up to $10,000, but only if the injuries are classified as an emergency medical condition (EMC). If the injury is not considered an emergency, PIP only covers up to $2,500.
- Lost wages: PIP covers 60% of lost wages up to the policy limit.
If your damages exceed PIP limits or your injuries qualify as severe, you may be able to pursue compensation through a personal injury lawsuit.
Comparative Negligence
Florida follows a pure comparative negligence rule, which means that the amount you can recover in a lawsuit is reduced by your percentage of fault in the accident.
For example, if you were found to be 20% at fault, your compensation would be reduced by 20%. If awarded $100,000 in damages, you would only receive $80,000 after the reduction. However, recent changes to this law may affect your case dramatically. Please consult with an attorney for further information.
Insurance Policy Limits
The at-fault driver’s insurance policy limits often limit the amount you can recover in a lawsuit. Florida law requires drivers to carry minimum bodily injury liability coverage of:
- $10,000 per person for bodily injury
- $20,000 per accident for bodily injury involving multiple people
If the at-fault driver has a higher insurance limit, or if you pursue additional coverage through your own uninsured/underinsured motorist coverage (UM/UIM), you may be able to recover more. However, if the at-fault driver has limited assets or low insurance coverage, it may be difficult to recover full compensation without other sources of insurance or legal action.
Filing a Car Accident Lawsuit for Serious Injuries
Florida law allows you to step outside the no-fault system and sue the at-fault driver if your injuries are serious enough. Under Florida’s “serious injury threshold”, you can file a personal injury lawsuit if you suffer:
- Significant and permanent loss of a bodily function
- Permanent injury (such as paralysis or brain damage)
- Significant and permanent scarring or disfigurement
- Death
In these cases, you can pursue compensation for a broader range of damages, which can significantly increase the amount of your claim.
Types of Damages You Can Sue For
The compensation you may be entitled to in a Florida car accident lawsuit can be broken down into two main categories: economic damages and non-economic damages.
Economic Damages
Economic damages are meant to cover the tangible costs associated with the accident. These damages are easier to calculate and can include:
- Medical Expenses: You can claim the full cost of medical treatment, including surgeries, rehabilitation, future medical needs, and long-term care.
- Lost Wages: You can seek compensation for lost income, both past and future, if your ability to work is affected by the accident.
- Property Damage: You can recover the cost to repair or replace your vehicle and any other property damaged in the accident.
Non-Economic Damages
Non-economic damages are more subjective and cover the intangible losses you’ve experienced. These damages may include:
- Pain and Suffering: This covers compensation for physical pain, emotional distress, mental anguish, and loss of enjoyment of life. These non-economic damages can significantly increase a claim’s value.
- Loss of Consortium: In cases where the accident results in death or severe injury, family members may claim damages for the loss of companionship or emotional support.
- Punitive Damages: In Florida, punitive damages may be awarded in cases of intentional misconduct or gross negligence, such as driving under the influence, to punish the at-fault party rather than compensate the victim. Typically, these damages are capped at three times the amount of compensatory damages or $500,000, whichever is greater, but there are exceptions. For example, the cap may increase if the defendant’s actions were financially motivated, and there is no cap if the defendant was under the influence of drugs or alcohol, allowing for potentially higher punitive awards.
How Much Can You Sue for a Car Accident in Florida?
There is no one-size-fits-all answer to how much someone can sue for a car accident in Florida, as it depends on the case’s specific details. While PIP limits may cover smaller claims, serious injuries or accidents involving significant negligence can lead to much higher compensation through personal injury lawsuits.
Compensation in Florida car accident cases can range from $10,000 to millions of dollars, depending on the severity of injuries, insurance coverage, and damages pursued. Consulting with an experienced car accident attorney can help you understand the full value of your claim and maximize the compensation you can receive.
Panter, Panter & Sampedro: Your Trusted Advocates After a Car Accident in Miami
At Panter, Panter & Sampedro, we understand the emotional and financial toll a car accident can take, and we’re here to help. Our Miami-based legal team has successfully helped countless clients recover the compensation they deserve. We are committed to thoroughly investigating your case, negotiating aggressively with insurance companies, and fighting for your rights in court if necessary.
Time is critical. The longer you wait, the harder it becomes to gather crucial evidence and protect your rights. If you’ve been in a car accident and believe you deserve compensation beyond what PIP covers, don’t delay.
Call 305-662-6178 or text us at 786-808-1515 today to schedule your free consultation. Let our experienced car accident attorneys help you pursue the justice and compensation you deserve.
